Palmer V. Palmer Case Summary

In Arizona, Arizona Revised Statute section 25-327(B) states: "Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated on the death of either party or the remarriage of the party receiving maintenance." In the case of Kathy I. Palmer, Petitioner/Appellee, v. Sydney N. Palmer, Respondent/Appellant, Sydney (husband) referenced the above statute when filing for termination of spousal maintenance. The court had to consider whether a specified end date in the Decree took precedence over the general interpretation of the law.
Facts of the Case: Palmer v. Palmer
The facts of this case are as follows:
The marriage between Palmer and Palmer was dissolved on November 9, 2004. Included in the Decree was the husband’s obligation to pay spousal maintenance in
Further proceedings would ensue regarding attorneys’ fees. This determination was based on the interpretation of the verbiage of the Decree in compliance with Arizona state law. Even the intentional omission of language regarding the termination of spousal maintenance upon the remarriage of the spouse in receipt of the maintenance does not serve as an “express” statement that the parties intended the spousal maintenance to continue after remarriage. Interpreting the lack of reference to termination upon remarriage in this situation requires a level of inference that does not fulfill the legal specification for an express statement. The court holds that if spouses seek to avoid the application of the Arizona state law regarding spousal maintenance termination upon remarriage, the intention to do so must be made unmistakably clear. Due to the fact that the decree does not expressly state that the spousal maintenance should continue after the remarriage of the wife, the court concludes that the obligation to pay is terminated upon the wife’s